Michael Capobianco
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michaelcapobianco.bsky.social
Michael Capobianco
@michaelcapobianco.bsky.social
150 followers 36 following 73 posts
SF writer. SFWA multi-volunteer. Planetary science fan.
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Interestingly, Trump issued an executive order during his first term that would expand the reach of Association Health Plans (AHPs) to include organizations like SFWA, but it was found to violate Erisa and was ultimately rescinded.
In the late nineties, SFWA offered health insurance in cooperation with the National Writers Union, but the company went into decline and SFWA stopped participating. SFWA also offered health insurance for members in the eighties, but that also didn't last.
I agree it ambiguous and not well written, but since (i) is part of clause 2a the first rights would still be nonexclusive.
Read it again. The contract says "(excluding any “Best-of-Year” collections)".
Reposted by Michael Capobianco
New neuroscience short story forthcoming in @analogsf.bsky.social! Which also means a story of - ultimately successful - negotiations with their new publisher.

Includes full final text of my contract for all to use while they finish rewriting their boilerplate.

benjaminckinney.com/analog-negot...
Analog Negotiations & Short Story Sale: Recognition, Memory » Benjamin C. Kinney - still pruning...
Successful negotiations with Must Read Magazines & Analog SF, who will publish my science fiction short story "Recognition, Memory."
benjaminckinney.com
Reposted by Michael Capobianco
I think you could in theory still have a class action without these elements, but no attorney would take the case because they'd have to recover their fees solely from the representative class members (the ones who actually file the suit) who might win and still get nothing depending on the facts.
Harlan has 47 works in the settlement.
Thanks. Estate members should be getting notice directly from the Settlement Administrator.
Future settlements of AI ingesting copyrighted works should include a wider swath of authors, but settlements won't be approved if the class is too diverse or there's no practical way to find and notify a large percentage of them.
Yes, you can quote that. I take a practical view of the settlement. The likely outcome of the lawsuit was everything, including scraping pirate sites, was fair use. Any outcome that included paying authors is a massive victory for all authors, including ones who didn't have registered copyrights.
Reposted by Michael Capobianco
I'm seeing an increasing number of scams like the one below, leveraging the widespread problem of publishing scams w/ a faux service promising to fix problems author is having w/ the original scam but really to hit them up for more $$ (note the "Amazon partner agency" claim: there's no such thing)
The Authors Guild doesn't deserve the blame here. The definition of the class, which included the copyright registration requirement, was suggested by the judge. The Authors Guild was not a plaintiff in this case and was called in as an advisor long after the class had been certified.
Reposted by Michael Capobianco
Not yet. It's supposed to be released in searchable form on October 10.
Reposted by Michael Capobianco
Since this was described as an official statement from their communications department, I am sharing it here.

It is, imo, the standard every publisher should be meeting immediately. I'm grateful to our team at Tor for being so on top of this. (And also Montlake who registered everything.)
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As said below, knowledge is your greatest ally and your best defense--not just against scams, but misconceptions and mistakes. All writers need to be familiar with the basics of copyright.
Copyright is a front-and-center issue in the ongoing class action against Anthropic. Thankfully, @victoriastrauss.com of SFWA's Writer Beware® was kind enough to outline the basics, myths, & issues for us this week.

Writers: Share widely! Some of our best creator-defense lies in everyday education.
Protecting Your Intellectual Property: What You Need to Know About Copyright - SFWA - The Science Fiction & Fantasy Writers Association
by Victoria Strauss of WRITER BEWARE®. Learn why official copyright registration matters, how to protect your work, and what authors need to know to avoid scams and qualify for remedies in the US lega...
www.sfwa.org
Reposted by Michael Capobianco
My most recent article for SFWA's Planetside! Copyright is a complicated subject about which there are many myths and misconceptions...in this article, I try to untangle some of them.
This week on Planetside…

Think you know copyright? This guide clears up the myths and shows authors how to protect their work.

Read “Protecting Your Intellectual Property: What You Need to Know About Copyright” by @victoriastrauss.com of WRITER BEWARE®: www.sfwa.org/2025/09/11/p...
Reposted by Michael Capobianco
I think that if you are trying to understand the Anthropic book settlement, and you are not doing it in light of the (extremely) failed Google book settlement from 2011, you will never be able to understand what is happening.
Reposted by Michael Capobianco